Ord. 2607 - Annexing .93 Acres (2115 Molalla Rd. NE)COUNCIL BILL NO. 3206
ORDINANCE NO. 2607
AN ORDINANCE ANNEXING APPROXIMATELY 0.93 ACRES OF TERRITORY GENERALLY
LOCATED AT 2115 MOLALLA ROAD NE, MARION COUNTY, OREGON, INTO THE CITY
OF WOODBURN
WHEREAS, the subject properties are owned by Matveev Development
LLC, and are legally described and mapped in Exhibit "A", which is affixed
hereto and by this reference incorporated herein; and
WHEREAS, the subject properties are Marion County Tax Lots
051 W09B001000, 051 W09B001 100, and 051 W09B001200; and
WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1(2) the
owner of real property in the territory to be annexed initiated by petition a
proposal for annexation, a copy of the petition being on file with the City
Recorder (ANX 22-04); and
WHEREAS, the applicant, AKS Engineering & Forestry, LLC, obtained
written consent from the owners of the territory and has requested annexation
of the subject properties; and
WHEREAS, the properties to be annexed are within the City Urban Growth
Boundary (UGB); and
WHEREAS, the properties to be annexed are contiguous to the City and
can be served with City services; and
WHEREAS, on February 9, 2023, the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation; and
WHEREAS, on April 10, 2023, the Woodburn City Council held a public
hearing, reviewed the record, heard all public testimony presented on said
application, and upon deliberation concluded that the proposed annexation
meets the applicable approval criteria under City of Woodburn Development
Ordinance (WDO) 5.04.01 C; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Page - 1 - Council Bill No. 3206
Ordinance No. 2607
Section 1. That the subject properties, legally described and mapped in
Exhibit "A", are annexed to the City of Woodburn.
Section 2. That the City Council adopts the Analysis & Findings, affixed
hereto as Exhibit "B" and by this reference incorporated herein.
017
Approved as to form: ftLd z-i
City Attorney Da e
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:,U�'
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3206
Ordinance No. 2607
April a N, )-07-3
AP ri e a �4 ?,o Z3
Page I of 2
AKS ENGINEERING&FORESTRY,LLC
129,65 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#9438
P:(503)563-6151 1 wwwaks-eng,com
ENGINEERING&FORESTRY OFFICES IN: BEND,OR - KEIIZER,OR - TUAIATIN,OR - VANCOUVER,WA
EXHIBIT A
Legal Description
A portion of Lot 4 of the plat"Woodburn Fruit Farms", recorded as Volume 2, Page 20, Book of
Town Plats, located in the Northeast One-Quarter of Section 9, Township 5 South, Range I West,
Willamette Meridian, Marion County, Oregon, and being more particularly described as follows:
Commencing at the northwest comer of said Lot 4, also being on the City of Woodburn city limits
line;thence along the west line of said Lot 4 and said city limits line, South 01°35'17"West 695.84
feet to the Point of Beginning; thence continuing on said west line and said city limits lines South
01'35'17" West 272.32 feet to the northerly right-of-way line of Woodburn-Estacada Highway
(State Highway 211)(50.00 feet from centerline); thence along said right-of-way line and said city
limits line South 87'36'21" East 149.45 feet; thence leaving said right-of-way line and said city
limits line, North 01'47'24" East 274.36 feet; thence North 88'23'15" West 150.40 feet to the
Point of Beginning.
The above described tract of land contains 0.94 acres, more or less.
11/18/2022
REGISTERED
PROFESSIONAL
LAND SURVEYOR
'IDREGC*4
JANUARY 11, 20105
ROBERT D. REM10
60124LS
RENEWS: 12/31/22
EXHIBIT A PAGE 2 OF 2
A PORTION OF LOT 4 OF THE PLAT OF "WOODBURN FRUIT FARMS",
LOCATED IN THE NORTHEAST 1/4 OF SECTION 9,
TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
MARION COUNTY, OREGON
1111114 All" i
POINT OF
COMMENCEMENT
CK? NW CORNER LOT 4
�,
3 i
in'
0
Ni
LOT 3 N88 23'15"W 150.40' LOT 4
POINT OFM ODBURN
BEGINNING WOT FARMS"
CN M FRU
N N VOL. 2, PG. 20
3 REEL 3875, u BOOK OF TOWN
M' PAGE 305 PLATS
N' REEL 3881, z
PAGE 476
S87736'21"E 149.45' ullio
WOODBURN-ESTACADA ILEI— CITY OF WOODBURN
CITY LIMITS LINE
HIGHWAY — — — —
11/18/2022 (STATE HWY 211) uiillllllll11°°
REGISTERED
PROFESSIONAL N
LAND SURVEYOR
OREGON
JANUARY 11, 2005 PREPARED FOR SCALE: 1"=100 FEET
ROBERT D. RETTIG
60124LS MATVEEV DEVELOPMENT, LLC
RENEWS: 12/31/24 31696 S ONA WAY
MOLALLA, OR 97038 100 0 20 50 100
AKS ENGINEERING & FORESTRY, LLC DATE:11 A8 12022
12965 SW HERMAN RD, STE 100ANNEXATION MAP DRWN: MEB CHKD: RDR
TUALATIN, OR 97062 AKS JOB: EXHIBIT
503.563.6151 WWW.AKS—ENG.COM 9438 A
DWG:9438 ANNEX EXHB_UPDATE I LAYDUTI
Analyses & Findings
This attachment to the staff report analyzes the application materials and finds through
statements how the application materials relate to and meet applicable provisions such as
criteria, requirements, and standards. They confirm that a given standard is met or if not met,
they call attention to it, suggest a remedy, and have a corresponding recommended condition of
approval. Symbols aid locating and understanding categories of findings:
Symbol Category Indication
N000, Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
1'{11 Requirement (or guideline) not applicable No action needed
• Requirement (or guideline) met with condition of
Modification or
approval
condition of
• Other special circumstance benefitting from approval required
attention
Location
Address 2115 Molalla Road NE
Tax Lots 051W0913001000, 1100, &...1200
Nearest intersection Molalla Road/June Way
Land Use & Zoning
Comprehensive Plan Land Use Designation Commercial
Zoning District Commercial General (CG) upon annexation
Overlay Districts none
Existing Use Single-family dwelling
For context, the comprehensive plan land use map designations and zoning are illustrated, and
adjacent zoning is tabulated, on the following page.
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 1 of 8
A ISIPw�.
1� p'y y m-
'h' p n �F
Comprehensive Plan land use map excerpt Zoning map excerpt
Cardinal Direction Adjacent Zoning
North CG
East CG
South RM
West CG
The Marion County Assessor property records note the subject properties as a fraction of Lot 4
of the Woodburn Fruit Farms subdivision plat recorded in November of 1889. Staff surmises they
are legal lots of record.
Section references throughout this staff report are to the Woodburn Development Ordinance.
Statutory Dates
The application was submitted on November 21, 2022 and deemed complete as of January 10,
2023, making the 120-day decision deadline May 10, 2023.*
*However, the Assistant City Attorney had counseled staff on January 16, 2018 that an
annexation request is not subject to the 120-day deadline for final action per Oregon Revised
Statute (ORS) 227.178(8).
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 2 of 8
Applicable Provisions
4.01 Decision-Making Procedures
4.01.07 Consolidated Applications
An applicant may request,in writing,to consolidate applications needed for a single development
project. Under a consolidated review,all applications shall be processed following the procedures
applicable for the highest type decision requested. It is the express policy of the City that
development review not be segmented into discrete parts in a manner that precludes a
comprehensive review of the entire development and its cumulative impacts.
The application package consists of Type IV Annexation and Zoning Map Change. Per 4.01.07,
the applications are consolidated and reviewed at the Type IV level.
The provision is met.
5.04 Type IV(Quasi-Judicial) Decisions
5.04.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous
territory into the City in compliance with state requirements,Woodburn Comprehensive Plan, and
Woodburn Development Ordinance.
The subject property is contiguous with City limits. This staff report reviews the proposal for
compliance with the Woodburn Comprehensive Plan and WDO, both of which were
acknowledged by the state to be in compliance with statewide planning goals.
B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre-
Application Conference(Section 4.01.04)is required.This provides the city an opportunity to
understand the proposed annexation and an opportunity to provide information on the likely
impacts, limitations, requirements,approval standards,and other information that may affect the
proposal.
A pre-application meeting for the proposal was held on October 12, 2022 (PRE 22-34).
C. Criteria:
1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding
annexation.
Woodburn Comprehensive Plan
Annexation Goals and Policies
Goal G-2. The goal is to guide the shape and geographic area of the City within the urban growth
boundary so the City limits:
(a) Define a compact service area for the City;
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 3 of 8
(b) Reflect a cohesive land area that is all contained within the City; and
(c) Provide the opportunity for growth in keeping with the City's goals and capacity to serve
urban development.
Policy G-2.1 For each proposed expansion of the City,Woodburn shall assess the proposal's
conformance with the City's plans,and facility capacity and assess its impact on the community.
Policy G-2.2 Woodburn will achieve more efficient utilization of land within the City by:
(a) Incorporating all of the territory within the City limits that will be of benefit to the City.
(b) Providing an opportunity for the urban in-fill of vacant and under utilized property.
(c) Fostering an efficient pattern of urban development in the City, maximizing the use of existing
City facilities and services,and balancing the costs of City services among all benefited residents
and development.
(d) Requiring master development plans for land within Nodal Development Overlay or
Southwest Industrial Reserve overlay designations prior to annexation. Master plans shall
address street connectivity and access,efficient provision of public facilities,and retention of
large parcels for their intended purpose(s).
Policy G-2.3 Woodburn will use annexation as a tool to guide:
(a) The direction,shape and pattern of urban development;
(b) Smooth transitions in the physical identity and the development pattern of the community;
and
(c) The efficient use and extension of City facilities and services.
Section G. "Growth Management and Annexation" of the Woodburn Comprehensive Plan
includes Annexation Goal G-2 and Annexation Policies G-2.1, G-2.2, and G-2.3. The applicant's
narrative provides the following response to this goal and associated policies (page 13):
This application serves the City's annexation goals by eliminating an existing island of
nonannexed land and allowing for more efficient utilization of the subject site and
surrounding commercial properties. Incorporating the site into City limits fulfills the
City's plan to accommodate additional commercial land needs in this part of the City.
This Goal is met.
Staff generally concurs with the applicant. The annexation goals and policies are effectuated by
the annexation review criteria within the Woodburn Development Ordinance.
2.Territory to be annexed shall be contiguous to the City and shall either:
a. Link to planned public facilities with adequate capacity to serve existing and future
development of the property as indicated by the Woodburn Comprehensive Plan; or
b. Guarantee that public facilities have adequate capacity to serve existing and future
development of the property.
The applicant's narrative provides the following response (page 4):
The subject site is surrounded by properties within Woodburn City limits and linked to
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 4 of 8
planned facilities with adequate capacity to serve reasonable future commercial
development on the site. Service provider letters are provided (see Exhibit D)verifying
that there are no known capacity issues in the vicinity of the subject site.This criterion is
met.
The site is surrounded on all sides by territory within City limits. While this application is simply
for annexation and does not include any development proposal, the application materials
include service provider letters from the City Engineer, the Woodburn Fire District, and the
Woodburn School District certifying there is capacity to serve the development. Notably, two
recent land use approvals for development of the adjacent properties to the east and west
(ANX 2019-01 and CU 22-01) identified safety and capacity issues with the OR 214/ OR 99E/
OR 211 intersection. There were conditions of approval applied to both projects to provide
proportionate share contributions to the proposed mitigation measures. Any future
development of the subject properties of this annexation would similarly be conditioned to
provide a proportionate share contribution to the mitigation measures.
3.Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
b. Lands designated for commercial,industrial and other uses should demonstrate substantial
conformance to the following criteria:
1)The proposed use of the territory to be annexed shall be for industrial or other uses
providing employment opportunities;
The applicant's narrative provides the following response (pages 4-5):
This application does not include a specific proposal for the future use of the subject
site.The applicant anticipates that property will be developed, at a future date, in
accordance with the allowed uses in the CG zoning district,which are intended to
provide for the business and employment needs of the community.The uses listed in
Table 2.03A are permitted outright in the CG zoning designation and provide
employment opportunities in accordance with this provision.This criterion is met.
Staff generally concurs with the applicant. The default zoning district to be applied to the site
will be Commercial General (CG). Future development of the site would be reviewed for
conformance with the development ordinance, including the list of allowed uses in Table 2.03A.
2)The proposed industrial or commercial use of the territory does not require the expansion
of infrastructure, additional service capacity,or incentives that are in excess of the costs
normally borne by the community for development;
The applicant's narrative provides the following response (page 5):
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 5 of 8
This application does not include a proposal for specific uses to be established on the
subject site. Service provider letters are provided (see Exhibit D)verifying that there are
no known capacity issues in the vicinity of the subject site.The site can be served by
existing facilities without requiring extensive infrastructure expansion.The extent of any
necessary utility extensions will be reviewed during a future site development review.
This criterion is met.
The application materials include service provider letters from the City Engineer, the Woodburn
Fire District, and the Woodburn School District certifying there is capacity to serve the
development. Notably, two recent land use approvals for development of the adjacent
properties to the east and west (ANX 2019-01 and CU 22-01) identified safety and capacity
issues with the OR 214/ OR 99E/ OR 211 intersection (an ODOT-managed intersection).There
were conditions of approval applied to both projects to provide proportionate share
contributions to the proposed mitigation measures. Any future development of the subject
properties of this annexation would similarly be conditioned to provide a proportionate share
contribution to the mitigation measures.
3)The proposed industrial or commercial use of the territory provides an economic
opportunity for the City to diversify its economy.
The applicant's narrative provides the following response (page 5):
This application does not include a specific proposal for the future use of the subject
site. Applicant anticipates that the property will be developed in accordance with the
allowed uses in the CG zoning designation, which are intended to provide for the
business and employment needs of the community.The uses listed in Table 2.03A are
permitted outright in the CG zoning designation and provide opportunities for economic
diversification in accordance with this provision.This criterion is met.
Staff generally concurs with the applicant. The default zoning district to be applied to the site
will be Commercial General (CG). Future development of the site would be reviewed for
conformance with the development ordinance, including the list of allowed uses in Table 2.03A.
D. Procedures:
1.An annexation may be initiated by petition based on the written consent of:
a.The owners of more than half of the territory proposed for annexation and more than half of
the resident electors within the territory proposed to be annexed; or
b. One hundred percent of the owners and fifty percent of the electors within the territory
proposed to be annexed; or
c.A lesser number of property owners.
2. If an annexation is initiated by property owners of less than half of property to be annexed,
after holding a public hearing and if the City Council approves the proposed annexation,the City
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 6 of 8
Council shall call for an election within the territory to be annexed. Otherwise no election on a
proposed annexation is required.
The site is collectively owned by a single owner— Matveev Development LLC. Trofim
Kiprianovich Matveev, who is listed as Manager on the business license issued by the Oregon
Secretary of State, signed the annexation petition form.
E.Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plan, unless an application to re-designate the
property is approved as part of the annexation process.
The Comprehensive Plan designates the subject property as Commercial. The territory will be
assigned to the CG zoning district upon annexation.
F.The timing of public improvements is as follows:
1.Street dedication is required upon annexation.
2. Dedication of public utility easements(PUE)is required upon annexation.
3.Street improvements are required upon development.
4.Connection to the sanitary sewer system is required upon development or septic failure.
5.Connection to the public water system is required upon development or well failure.
6.Connection to the public storm drain system is required upon development.
The applicant's narrative states on page 6:
Based on feedback received during the pre-application conference held October 12,
2022,the abutting street frontage improvements are planned to be completed by an
abutting development that is currently in progress. If necessary, any right-of-way
donation required will be coordinated with the Oregon Department of Transportation
(ODOT) and will be completed prior to any future site development. Public utility
locations and corresponding public utility easements will be determined, dedicated, and
improved in accordance with the WDO and applicable City of Woodburn Public Works
Standards and Specifications.
Staff concurs. Street right-of-way, street improvements, and connections into public utility
facilities will be reviewed through a future development proposal for the site.
No0o' The Annexation provisions are met.
5.04.04 Official Zoning Map Change,Owner Initiated
A. Purpose:The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure
to change the Official Zoning Map,in a manner consistent with the Woodburn Comprehensive Plan.
B.Criteria:The following criteria shall be considered in evaluating an Official Zoning Map Change;
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 7 of 8
1. Demonstrated need for the proposed use and the other permitted uses within the proposed
zoning designation.
2. Demonstrated need that the subject property best meets the need relative to other properties
in the existing developable land inventory already designated with the same zone considering
size, location,configuration,visibility and other significant attributes of the subject property.
3. Demonstration that amendments which significantly affect transportation facilities ensure that
allowed land uses are consistent with the function,capacity, and level of service of the facility
identified in the Transportation System Plan.This shall be accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the transportation
facility; or
b.Amending the Transportation System Plan to ensure that existing,improved,or new
transportation facilities are adequate to support the proposed land uses consistent with the
requirement of the Transportation Planning Rule; or,
c.Altering land use designations, densities,or design requirements to reduce demand for
automobile travel and meet travel needs through other modes of transportation.
C. Delineation: Upon approval,a zone change shall be delineated on the Official Zoning Map by the
Director.A zone change subject to specific conditions shall be annotated on the Official Zoning Map
to indicate that such conditions are attached to the designation.
The landowner of the subject property is requesting annexation into City limits. By its very
nature, annexation of territory results in a change to the City limits boundary and the territory
being annexed must be assigned to one or more zoning districts.The Comprehensive Plan
designates the subject properties as Commercial.The territory will therefore be assigned the
CG zoning district and the Zoning Map will be updated to reflect this.
The provisions are met.
ANX 22-04&ZMC 22-04
2115 Molalla Road Annexation
Staff Report Attachment 101
Page 8 of 8